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HomeMy WebLinkAboutMinutes-09-12-78-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OFDOWNEY SEPTEMBER 12, 1978.'. T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Minutes: Adj. Reg. Meetings January 16, 1978, February 21, 1978, & August 1, 1978; Regular Meeting August 22, 1978 Corres. from Downey Savings & Loan Assn. re Left -turn Signal @ Brookshire & Florence Corres. from City of Lakewood re Sales Tax Allocation for Transit General Warrants #162762 - 163110 #204957 - 205030 Approved Ref. to Traffic Comm. Filed Approved Downey Private Contract #108, Sewer Const. on Nada E/o Horton: Accept dedication & imprvmts. Approved Req. for larger recepticle for disposing of cigars & cigarettes at door of Apollo Park Neighborhood Center auditorium Ordinance #559, Amending Zoning Map adopted by DMC (Zone Change Case #131) (8117-19 Orange St.) Adopted Resolution #3592, Apprvg. Final Subdivision Map of Tr #34867, Apprvg. Agmt. w/Subdividers & Acceptnc. of Letter of Credit in Lieu of Surety Bonds (Downey Ave. @ Cole St.) Adopted Resolution #3593, Changing Regular Meeting Place of Water Board to Water Yard, 9252 Stewart & Gray Rd. Adopted Resolution #3594, Auth. Downey City Library to Participate in Calif. Library Services Act Adopted CC #437, 8" Water Main Inst. in Paramount 500' of Santa Ana Fwy. (Acct. #51 4 3542.0052): Plans & specs. & auth. to advertise for bids Approved CC #434, Sidewalk Const. S/s Florence from Hopeland to Rives & from Lesterford to San Not approved; staff to report Gabriel River back on alt. uses f/FAU Funds Citywide Traffic Control Devices Inventory Proj - OTS Grant: Auth. Mayor to execute contract with Calif. Traffic Services in amount of $24,495 Residential Subdivision Requirements for Tract #35710, Priscilla St. Declare certain well sites excess property Expansion of restaurant seating for 3-mo. trial period to study off-street parking conditions @ 8339 Firestone B1. - LaBarca Restaurant Councilman Jackman to be absent next meeting Request to increase Library service hours Transfer Stations for Street Sweepings (Acct. #21-13932): Auth. Mayor to execute lease w,/So. Pac. Transp. Co. Purchase of CENTRACOM Radio System/Joint Fire Communications Failed Taken under submission to October 10, 1978 Approved Taken under submission to next meeting No action Approved Taken under submission to September 20, 1978 Agenda PAGE NO. 1 1 1 1 1 1 1 2 2 2 2 3 3 5 5 5 5 5 7 8 Page 1 of 2 COUNCIL MINUTES, SEPTEMBER 12, 1978 TABLE OF MINUTE ACTIONS (continued) SUBJECT: ACTION: Refer Downey Civic Light Opera request for Reduced Rate at Downey Comm. Theatre to the Recreation & Community services Comm. for review & recommendation Approved Report on SCAG Membership Dues for Fiscal Year 1978-79 For information only Construct Security Fencing at Dennis the Menace Park not to exceed $3,000, as suppl. appropriation to A/C #40-17126 & transferred from Park In -Lieu Revenue A/C #40-661 Approved Fire Fighters Protective Fire Clothing: Suppl. appropriation in amount of $2800 to Suppression A/C 2710 from Anti -Recession Funds for purchase of 71 pairs of protective day boots Approved Request for Building Permit - Carlos Deli, 8104 Firestone Blvd. to operate two years Request for Building Permit by Dusbmasters, 8267 Phlox Street Capital Improvement Budget Report to be submitted on Rat Problem Graffiti Program w/CETA personnel - To be reinstituted when more CETA people employed Cn. Miller, as League Calif. Cities delegate, req. Council input re League resolutions Discussion re law suit filed by DCEA & Firemen's Assn. Discussion re use of CETA personnel as crossing guards Status report on Neighborhood Watch Program Discussion re photos of house removal program in 105 Freeway corridor Council decision re Sister City Program Executive Session re Area E Mutual Aid Program Meeting adjourned to 3:30 p.m., September 20, 1978 Approved Approved To be placed on next Agenda To be placed on next Agenda PAGE NO. 8 8 8 8 9 9 9 9 9 9 9 10 10 10 10 10 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 12, 1978 The City Council of the City of Downey held a regular meeting at 7:45 p.m., September 12, 1978, in the Council Chamber of the Downey City Hall, Mayor William L. Greene presiding. PRESENT; Council Members: Theodore H. Jackman Kenneth J. Miller Mayor Pro Tem Milton R. Mackaig Lyell W. Swearingen William L. Greene Mayor ALSO PRESENT: Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Martin F. Wynne, Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Don Davis, Fire Chief Ruth Miller, City Librarian William A. Goggin, City Planner Howard Stup, Building Official Harald J. Henriksen, City Engineer Thomas Tincher, Housing & Human Services Coordinator John H. Saunders, Assistant to City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Flag Salute was led by Councilman Mackaig, followed by the Invocation delivered by Elder Boyd Benson, Church of Jesus Christ Latter Day Saints. The Presentation of a Resolution to Dr. Mark Means Johnson will be made at the next Council Meeting. CONSENT CALENDAR It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by the following vote to approve the Consent Calendar: Minutes: Adiourned of January 16. 1978, February 21. 1978 Correspondence from Downey Savings & Loan Association regarding Left -turn Traffic Signal at Brookshire and Florence Avenues. (Referred to the Traffic Committee.) Correspondence from City of Lakewood regarding Sales Tax Allocation for Transit. (Filed) General Warrants: #162762 - 163110; #204957 - 205030: $1,402,519.68. Downey Private Contract #108, Sewer Construction on Nada Street east of Horton Avenue: Accept dedication and improvements completed. AYES: 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene ORAL COMMUNICATIONS (Items not on Agenda) Mrs. Signe Van Hoeven, 8533 East Donovan Street, requested the City to provide a larger recepticle for disposing of cigars and cigarettes at the door of the Apollo Park Neighborhood Center auditorium. ORDINANCES ORDINANCE NO. 559 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 207, ZONE CHANGE CASE NO, 131) (8117-19 ORANGE ST.) The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading. Council Minutes 9/12/78 -1- It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to adopt Ordinance No. 559, RESOLUTIONS RESOLUTION NO. 3592 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 34867, APPROVING AN AGREEMENT WITH THE SUBDIVIDERS AND ACCEPT- ANCE OF A LETTER OF CREDIT IN LIEU OF SURETY BONDS (DOWNEY AVENUE AT COLE STREET) The Resolution was read by title only, It was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution No, 3592. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to establish the park fee at $175 per unit on Tract #34867, Downey Avenue at Cole Street, RESOLUTION NO. 3593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CHANGING THE REGULAR MEETING PLACE OF THE WATER BOARD TO THE WATER YARD, 9252 STEWART & GRAY ROAD The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No, 3593. RESOLUTION NO, 3594 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING DOWNEY CITY LIBRARY TO PARTICIPATE IN CALIFORNIA LIBRARY SERVICES ACT The Resolution was read by title only. it was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Miller,and passed by the following vote to adopt Resolution No. 3594. Responding to questions, Mrs. Ruth Miller, City Librarian, explained this would allow the Library to collect money if it lends more books to non-residents than Downey people borrow from other libraries. AYES. 5 Council Members. Jackman, Miller, Mackaig, Swearingen, Greene CASH CONTRACTS It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract 4437, 8B° Water Main Installation in Paramount Boulevard 500 feet of the Santa Ana Freeway (Account #51 4 3542.0052). It was moved by Councilman Miller and seconded by Councilman Jackman to approve plans and specifications and grant authority to advertise for bids on Cash Contract #434, Sidewalk Construction on the south side of Florence Avenue from Ho eland to Rives and from Lesterford to the San Gabriel River. Councilman Jackman stated after viewing the location between Lesterford and the San Gabriel River he cannot see any real purpose for the sidewalks. Mr. Spindel commented on the dimensions of the sidewalk existing at that loca- tion and mentioned at the request of the property owners involved, the proposed sidewalk would not disrupt much of their landscaping. He did point out the property owners have not requested the sidewalk, but a letter has been received from a Mr. Van Petten, one of the owners, who acknowledges that although he did not request the sidewalk and does not desire it, he realizes that because there is a hazard the sidewalk would be in the best public interest and, therefore, he would not object to it. Mr. Spindel noted the traffic hazard at this location was determined one of the most critical areas in a bicycle study done several years ago. Council Minutes 9/12/78 -2- Councilman Mackaig referred to the Council Minutes of August 22nd, Page 7, second to last paragraph, where it is indicated that none of the property owners between Lesterford and the San Gabriel River have objected to the sidewalks. Yet, he said, there is a letter from Mr. Van Petten, wherein the first statement he makes is that he does not perceive any benefit to the properties by the sidewalk and, therefore, does not request and does not desire construction of the sidewalk, Councilman Mackaig stated he received a telephone call from the other property owner, Mr. Charles Bannan, during which Mr. Bannan informed him that he and Mr, Van Petten do not want the sidewalks. He requested the Council°s support in voting "no" on the sidewalk from Lesterford to the San Gabriel .River, Mr. Spindel pointed out the first paragraph of Mr, Van Petten°s letter mentions that he is "summing up the views of Mr, Charles F. Bannan and myself" and at the end of paragraph No, 1 it says, "Consequently we see that a sidewalk could be in the public interest and do not object to it." Mr. Thompson explained the proposed sidewalk would be a means of access to the west side of the Rivera also, it is a hazardous route because of the heavy traffic. Mr. Spindel said letters were sent to both the property owners, and Mr, Van Petten°s reply was in response to that letter, Councilman Miller agreed with Councilman Mackaig and mentioned he has turned down staff°s proposal to put in sidewalks in certain areas. He suggested that when a Council Member receives a verbal complaint he wishes to present to the rest of the Council, he should request that person to submit the complaint in writing, Mayor Greene mentioned the sidewalk beyond Mr. Bannan°s property is dirty and covered with weeds, Councilman Miller rescinded his previous motion and then moved to approve Cash Contract #434 for sidewalk construction on the south side of Florence Avenue between Hopeland and Rives. The motion died for lack of a second, Councilman Miller then moved to approve Cash Contract #434 for sidewalk con- struction on the south side of Florence between Lesterford and the San Gabriel River. The motion died for lack of a second. Mr. Spindel explained that at the regular Council Meeting of May 23rd the Council unanimously approved submitting to the State the City Bs FAU project for con- struction of sidewalks on Telegraph, Florence, Imperial, and a small portion of Paramount. At the same time, he said, the Council adopted a revised sidewalk policy, whereby the City would pay the entire sidewalk construction rather than sharing it with the property owners, and this has been submitted to Caltrans for approval. He requested Council°s direction as to whether it is still desirious of continuing with the project, Mr. Spindel pointed out that if the Council does not want to use the FAU funds for sidewalks, it can redirect the funds into other types of projects, Councilman Jackman requested Mr. Spindel to bring back alternative uses for FAU funds Councilman Mackaig asked if the funds can be used for gutters and curbs. Mr. Spindel responded the funds can only be used on streets which are on major arterials, and the majority of these streets have curbs and gutters. However, he said, the funds can be used for reconstruction of paving which has been done in other areas of the Citya Councilman Mackaig said if staff can prove that the majority of the people on Hopeland want the sidewalk, he will make a motion to approve at that location. Staff will report back on alternative uses for FAU funds, MISCELLANEOUS COUNCIL ACTIONS It was moved by Councilman Miller and seconded by Councilman Jackman to approve the contract with California Traffic Services in the amount of $24,495 for the City- wide Traffic Control Devices Inventory Project - OTS Grant, and authorize the Mayor to execute. Responding to questions, Mr. Thompson explained this would provide a complete inventory and computerized information of all traffic signals in the City as to their type, location and age, and this information would also help in terms of signal replacement. Mr. Spindel added that the inventory would include all traffic signs in the City and provide for a systematic preventative maintenance program. Council :Minutes 9/12/78 -3- Councilmen Mackaig and Swearingen did not concur with spending $25,000 for a computerized program. Mayor Greene said he would like to know if this program has been successful in other cities. Mr. Spindel pointed out this is some of the City°s money coming back through State and Federal Gas Taxes. He noted that over a period of time it will result in a cost savings to the City°s operation, AYES. 1 Council Member- Miller NOES- 4 Council Members. Jackman, Mackaig, Swearingen, Greene Failed. Residential Subdivision Requirements for Tract #35710 Priscilla Street Mr, Jack Robinson, 8615 Florence Avenue, discussed the staff report concerning street lighting and fire hydrant requirements for the proposed subdivision, and he commented on the high cost of construction. Hr said although paragraph 4 of the re- port indicates all of the streets are put in on a voluntary basis, when appearing before the Planning Commission to apply for a zone exception, a list of requirements is issued which includes joining the lighting district. Mr. Robinson indicated para- graph 5 refers to three street lights, but the requirement of the Commission was for four lights. He pointed out the added cost to the developer to trench, backfill, and compact in readiness for the four street lights would be $532 per light, or three lights would be $607 per light. Speaking to paragraph 6, Mr, Robinson stated the map attached to the report does not show the light standard at the northwest corner of Priscilla and Clark or another light directly across the street to the east. He re- quested modification of the Planning Commission requirement for four street lights. Referring to the fire hydrant improvement, Mr. Robinson said he cannot see how a small subdivision must upgrade a hydrant to meet certain requirements for the entire area, but if his appeal is turned down he will accept the offer of the Fire Department for use of an existing hydrant head. Mr. Robinson stated the last para- graph of the report indicates there were no objections to the street lighting requirement raised by the developer, but at the Subdivision Committee meetings he raised the issue of street lighting. He feels that both the requirements he is appealing should be deleted. He responded to questions of the Council, Mr. Thompson stated it would be embarking on a new policy to change the requirements, He pointed out that the rules which have been applied make for a good community, and the application of these rules has been followed in the City for many years, The total result has been that Downey has developed into a fine community, He mentioned how many times additional costs are the result of the original development not including improvements it should have included at the beginning, and then they can become the cost of the taxpayer at -large or redone as a result of a petition process. Mr. Thompson said the fundamental questions are should the City require these improvements, and who should pay the cost? Mr. Robinson questioned whether these requirements have necessarily made Downey the good community it is because in looking at real property values of areas that sell for the most money, those areas are developed without street lighting; also, they do not have sidewalks. Mr. Goggin indicated at the Subdivision Committee meeting Mr. Robinson stated objection to a requirement for a wall and five-foot separation between the driveway and property to the southp at the Planning Commission hearing Mr. Robinson objected to approximately six requirements, and then at the Council Meeting, Mr. Robinson's letter stated objection to the wall, street lights, and fire hydrant, although the wall no longer seemed to be an objection. He pointed out the conditions to this subdivision are no different than any other, but some subdivisions have to be adjusted to meet City standards, A discussion was held regarding the lighting district map attached to the report and the type of lights in the surrounding area, Councilman Miller suggested a study and further review of the City°s policies Councilman Mackaig expressed a desire to vote on this matter in two separate motions. He said he is convinced the fire hydrant is proper and will vote for it, but he is not convinced the street lighting is wanted by the citizens and will vote against it, Mr. Spindel explained it was indicated at the lighting district hearing that most street lights are put in by voluntary petition and others are put in by requirements. Discussion followed. Council Minutes 9/12l78 -4- Mr. Goggin said three street lights would be required for this subdivision, and he outlined the procedure for determining the required number. Councilman Jackman questioned the need to place a light on Clark Avenue and said according to the scale on the map he cannot see the need for anymore than two lights on Priscilla Street, Mr, Spindel noted Clark is a secondary highway 60 feet curb to curb, and light- ing standards dictate lights should be on both sides of the street. Mayor Greene said he would like to view the area again, and he suggested the Council should reassess the policy in the future, particularly in view of the energy problem, Tract #35710 was taken under submission to October 10, 1978, It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to declare certain Well Sites excess property, Councilman Mackaig mentioned there is a proposed lot split on property at 8641 Orange Street, and he asked if the Council will be voting to approve that lot splits Mr. Sorensen replied if the Council is desirous of declaring the property sur- plus, it would only be an indication to the Planning Commission that the property is available for consideration. AYES- 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene it was moved by Councilman Mackaig and seconded by Councilman Swearingen to authorize the expansion of restaurant seating for a three-month trial period to study off-street parking conditions at 8339 Firestone Boulevard, LaBarca Restaurant, Mr. Goggin explained that as a result of a meeting of the Parking Place Commission, this temporary arrangement is acceptable to the other property owners on Firestone and Mrseperez, the owner of LaBarca Restaurant, He said Mrs,Perez was in- formed that if this does not prove to be a solution, then the Commission would recommend a reduction back to 28 spaces, Mr. Sorensen advised Mrs.Perez should sign an acknowledgement and acceptance of the agreement that the conditions will be met. Responding to questions, Mrs Goggin explained the original agreement with Mrs. Perezwas for a 28-seat restaurant operation, and there are nine marked parking stalls. An additional room was granted, but no additional parking. He said the business parking lot would be turned into employee parking and then the owner is to post signs indicating public parking is available at Dolan and Firestone, Mr. Goggin mentioned following the 90-day trial period, the Commission will review it again and then it will come back to the Council. Councilman Miller said if the City is going to provide public parking for the restaurant, then possibly the owners should make a contribution to the Parking District. He asked how many parking spaces would be needed for 40 seats. Mr. Goggin replied the requirement is one for every 35 square feet of floor space serving area. Councilman Miller requested this be brought back to the Council next meeting with a report on the square footage necessary to accommodate 40 seats and how many parking spaces would be required under the present Comprehensive Zoning Ordinance, Mr, Goggin noted the original approval was under the previous ordinance. Taken under submission to the next meeting. Councilman Jackman indicated he will not be present at the next Council Meeting. Mayor Greene declared a recess from 9:55 p.m. to 10:00 p.m. The meeting resumed with all Council Members present. west to increase Library service hours Mr. Thompson defined the Anti -Recession Fiscal Aid Program, which is Federal money received by each City in addition to Revenue Sharing Funds and is based on a formula including the City°s unemployment rate. He said there are specific restrictions on use of the money, and it has to be spent for ongoing projects in Council Minutes 9/12/78 -5- which the City is already involved, more specifically for salaries and wages of existing employees. Mr. Thompson noted the money Downey has received has been approximately $22,000-$25,000 a year. Mr. Wynne explained some of the major expenditures approved by the Council out of Anti -Recession Funds are the purchase of concrete for the sidewalk repair program, for CETA payroll over and above the authorized maximum, and asphault and paving maintenance. He said the City received approximately $6275 in April and also re- ceived the last payment under current law in July in the amount of $4979, The amounts have varied because of the City's unemployment rate, and the program is expected to terminate September 30, 1978. Mayor Greene asked if the money could be spent for the Theatre or co -sponsored groups. Mr. Thompson replied it could be used for the Theatre and possibly for the co -sponsored groups, Mr. Wynne noted the first payment received in April has to be appropriated in August, the second payment has to be appropriated by January 1979. Councilman Jackman stated for the record that the City continues to use Federal funds but keeps saying it doesn't cost anything because it comes from the Federal Government. The Government continues to print money without anything to back it up, which causes inflation, and since inflation is a tax, he does not like to see this money spent by anyone. Councilman Miller agreed with Councilman Jackman that he does not like the Federal Government funding programs that are needed locally. He would rather have the responsibility for raising the money and spending it, but he also feels it would be foolhearty for the Council not to avail itself of the money on a selective basis, Councilman Miller pointed out one of his concerns has been the inadequacy of the Library, and now due to Proposition 13 an inadequate library has been cut substan- tially. He urged the Council to consider keeping the Library open additional hours to meet the needs of the community, particularly high school students. Councilman Mackaig noted 68 people responded to a Library survey and 59 people requested the Library be open more hours. He said 59 people out of 92,000 is a very minimum number. He feels anyone wanting to check out a book can find time to do so and he also does not feel anyone is being deprived by the shorter hours, Councilman Swearingen said anyone wishing to use the Library should be able to do so sometime during the 32 hours it is open each week. He also does not like Federal funds and he is not in favor of increasing funds for the Library at this time. Mayor Greene stated the Council has been given a mandate by the voters of about three -to -one, and it behooves the Council to continue with its present budget for at least a year to see what the results are. He suggested some of the Council Members meet with Mrs. Miller and some Friends of the Library to work out a solution. Mrs. Miller stated the Library survey was made the first three weeks in August. Questionnaires were placed on the counter for those who wished to fill them out, Mayor Greene suggested taking the Anti -Recession Funds and dividing them equally between the co -sponsored groups. Mrs, Catherine Walker, 10270 Branscomb, said in her opinion it would appear the City's first responsibility is to one of its own departments and then to the commu- nity sponsored groups. She indicated she has heard many people, including students and teachers, questioning the shorter hours of the Library, Councilman Miller inquired about using volunteer help or Friends of the Library, Mrs, Walker indicated it is a possibility, but there could be a question of reliability. Mrs. Miller also stated that without a salary, it is difficult to rely on people, Mr., Thompson explained the volunteer coordinator has expressed a willingness to recruit people for the Library. Mayor Greene suggested staff look into this and then come back to the Council with the results, Mr. Robert O'Leary said conducting the Library survey in August was probably the worst time it should have been done, Council Minutes 9/12/78 -6- Councilman Miller stated for the record the Council should be careful so that the community does not get turned around in another direction, Transfer Stations for Street Sweepings (Account #21-13932) Mr. Spindel explained this is one of the sweeper pickup stations approved in the Capital Improvements Budget and reappropriated for the current year. The location is the Southern Pacific Railroad right-of-way just west of Rives Avenue for constructing an enclosed, paved area for dumping street sweepings rather than leaving them on the streets. One station is at Wilderness Park and one is at the south end of Bluff Road. The lease with Southern Pacific is for $324 a year. Mr. Spindel said a study is being made on the possibility of outside street sweeping; however, the transfer stations would still be necessary. Councilman Swearingen indicated at the last meeting he voted "no"; but since that time has viewed some of the transfer stations and will now vote in favor of it. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to authorize the Mayor to execute a lease with the Southern Pacific Transportation Company. AYES. 4 Council Members: Jackman, Miller, Swearingen, Greene NOES: 1 Council Member: Mackaig Purchase of CENTRACOM Radio System/Joint Fire Communications Battalion Chief Ron Irwin of the Downey Fire Department commented that the pre- sent equipment consists of a conglomeration of items from each of the four cities involved, and there is a great deal of difficulty in handling some of the situations as they occur. He said Motorola was requested to make a survey of the equipment and submit a proposal of the various equipment that would correct the problems, and the CENTRACOM Radio System is basically that proposal. Chief Irwin explained the system would allow three operators to operate independently of one another. Fire Chief Davis said there is approximately $4400 in the Equipment Fund of joint money paid by the four cities on a percentage basis over the past four years. Chief Irwin discussed further inadequacies in the current communication system and noted the new system would adapt to the control consoles at the other stations for easy replacement should a control console malfunction. This would provide for more realiability of the system and allow for better handling of frequencies. Councilman Jackman inquired why the other cities will have five years to pay for the equipment and yet Downey only has one year. Mr. Wynne advised Downey would pay the initial cost for acquisition, but the replacement cost for full replacement projected ten years would be collected in five years, including an inflation amount. The City of Downey would have the benefit of investing and utilizing those funds for the remaining five-year period. Mr. Thompson further explained there is a charge in the Equipment Fund for the total cost of the equipment amortized over a five-year period. The five-year period is spread among the participating cities on a combination formula reflecting popula- tion and assessed valuation of property. Then, each city pays its proportionate share of the equipment based on that formula. At the end of five years, the equipment would be funded within Downey's Equipment Fund, but would not be replaced for at least another five years, during which time Downey would have the benefit of investing the money and keeping it in the Equipment Fund until the equipment would have to be replaced or modified. Responding to questions, Mr. Thompson said there is presently $4,000 paid by the other cities which is in the Equipment Fund. Downey would then withdraw another $21,000 from the Fund to pay for this equipment. All of the four cities would then pay into the Fund over the next five years, and at the end of that time there would be $25,000 in the Fund which Downey will have the benefit of investing for another five years. Chief Davis informed the Council that Downey has always purchased the various equipment for the Joint Communication Center, and then the equipment rental charge based on percentage has been paid off by the various cities through the Equipment Fund. He said if one of the other cities decides to pull away from the joint program the equipment would stay with the Communications system; if Downey decides to pull out, then Downey would be obligated to refund the other cities' portion back to them. During discussion, Chief Irwin explained the benefit from operating the four - city operation system is that the equipment of each city is also utilized, particularly in the event of a large fire or large emergency incident. Council Minutes 9/12/78 -7- Chief Davis advised the City will still be able to purchase the new equipment at the quoted price even though it has increased approximately ten percent, Chief Irwin noted Motorola has agreed to give the City the accompanying furni- ture at no charge. Councilman Jackman still questioned the proposal for Downey to advance the money for purchasing the equipment when the other cities are only paying yearly. Further discussion ensued, Councilman Jackman indicated he would like to take this matter under submission, Mayor Greene suggested this be placed on the September 20th agenda. Councilman Miller asked if in the past there have been any transfers from the Equipment Fund to the General Fund, Mr. Thompson replied yes, at one time approximately four -to -six years ago it was felt more money was building up in the Equipment Fund than necessary, so some of the funds were transferred to the General Fund. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to refer the Downey Civic Liaht Opera request for Reduced Rate at the Downey Community Theatre to the Recreation & Community Services Commission for review and recommendation. Report on SCAG Membership Dues for Fiscal Year 1978-79. For information only. Mr. Thompson suggested one of the Council Members might want to attend a SCAG meeting scheduled in the near future. He will advise of the meeting date. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by the following vote to approve the recommendation of the Recreation & Community Services Commission and staff to construct security fencing at Dennis the Menace Park, not to exceed $3,000, to be approved as a supplemental appropriation to Account #40-17126 and transferred from Park In -Lieu Revenue Account #40-661. Mr. Neavill explained the funds to be used would come from the in -lieu account, which can only be used for improvements for parks, The Commission feels strongly that an eight -foot fence should be constructed in order to protect both the residents on the street and the park property, inasmuch as the current fence now permits easy access to the park. The new fence should deter pedestrians from using the park dur- ing the late hours. During discussion, Mr. Neavill stated the fence would be erected at the end of Arrington Avenue and would abut the walls of the residences on both sides of the street. AYES- 5 Council Members. Jackman, Miller, Mackaig, Swearingen, Greene Fire Fighters Protective Fire Clothing Chief Davis responded to questions and commented on the California OSHA standards regarding protective clothing and the requirement for protection of the legs. The boots would last approximately two -to -four years and cost $35.00 a pair. He said the Safety Committee studied this and feels the boots would be the cheapest method for the most protection. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to approve a supplemental appropriation in the amount of $2800 to Suppression Account 2710 from Anti -Recession Funds for the purchase of 71 pairs of protective day boots. Request for Building Permit - Carlos Deli, 8104 Firestone Boulevard Mr. Thompson explained the property is located in Redevelopment Sub -Area D, and it is expected that soon, specific plans will be formulated for the development of this Sub --Area, He indicated that any modification by a business could result in a costly situation for the entire area if not done in accordance with an overall plan. Responding to questions, Mr. Thompson further noted the purpose of the moratorium approved by the City Council was so that any new development would occur in a harmonious plan. Mrs, Angela Benitez, owner of Carlos Deli, and her daughter Phyllis, both indicated there would be no modification of the location other than for appliances Council Minutes 9 12/78 -8- and a counter top. They mentioned the lease of the premises is for two years, and =' the appliances are all removable. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to grant permission to operate the Carlos Deli at 8104 Firestone Boulevard for two years. RRecuest for Building Permit by .Distmasters, 8267 Phlox Street Mr, Oscar Serron, 7921 Fourth Place, the owner of Dutchmasters, introduced himself to the City Council, Mr. Goggin reported on the request for building permit to rebuild a rear structure which was damaged in a fire approximately two months ago. He commented there is inadequate parking for the business, and Dutchmasters will provide nine parking spaces during its rebuilding process. Mr. Goggin said because this is in the Reinvestment Area, it requires Council approval, It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to grant approval for the building permit. CITY MANAGER'S REPORT Mr, Thompson stated he will be transmitting to the City Council for review copies of the Capital Improvement Budget, and this will be placed on the Agenda for the next regular Council Meeting of September 26, 1978. He said if time allows at the September 20th study session, the Council might want to review it. ORAL COMMUNICATIONS Councilman Miller inquired regarding an update on the Rat problem, Mr. Spindel said he will be submitting a report next Thursday. Councilman Miller commented on a citizen complaint concerning Sunset Vans and the Graffiti problem, He asked about the status of the Graffiti Program using CETA personnel. Mr. Spindel replied the City has lost many CETA personnel, and it is planned to reinstitute the program as soon as more CETA people are employed by the City. Referring to the League of California Cities Conference to be held in Anaheim, Councilman Miller requested the Council review the League bulletin and discuss pro- posed resolutions at the September 20th study session. He said inasmuch as he is the voting delegate, he would like input from the Council as to how he should vote on the League resolutions, He was asked to indicate which ones he feels the Council should be most concerned with, Speaking to the recent law suit filed by the Downey City Employees' Association and Downey Firemen's Association, Councilman Miller said he feels the City should honor its contract with the Associations, and the Council should show good faith and set aside a sum of money equal to what the employees should receive, including interest, Councilman Jackman said he feels the employees should be paid according to what the Court indicates should be paid. Councilman Mackaig concurred, Mr. Sorensen advised the Court has made no decision on the petition, and the matter is lying in abeyance along with several other cases on the same issue. Mayor Greene opposed Councilman Miller's suggestion, Councilman Miller suggested an executive session be held on the Area E Mutual Aid Program, Councilman Mackaig concurred with use of CETA personnel as crossing guards on a temporary basis and suggested the Mayor appoint Council Members to meet with School Board members in an attempt to resolve this problem, Mr. Thompson explained last week he met with the Superintendent of Schools regarding use of CETA employees, which he also discussed with each Council Member, and he felt this was agreeable to all. Following that, he said, City staff members met with. a principal, Mr, Shiney, and a member of school staff to discuss details of Council Minutes 9/12/78 -9- a potential program, and it was indicated that if the City did anything, it would have to be through the CETA program, which would be turned over to the School District through its CETA employees. He understood this was agreeable to them. Councilman Mackaig stated he received a call from a School Board member, who indicated the CETA program would not be acceptable. He suggested the Mayor and President of the School Board each appoint two members to meet regarding this issue. It was noted a meeting of the City -School Recreation Committee has been set for 4.30 p.m., September 19, 1978, in the Green Room of the Downey Theatre, and the Council and School Board each have members on that Committee. Councilman Miller indicated it was his impression at the time this was deleted from the Budget that possibly it could be done by volunteer parents. Mrs. Signe Van Hoeven, 8533 East Donovan Street, raised the issue of responsi- bility for liability insurance and first aid training for crossing guards. She said volunteers would not be dependable for this but she would favor using CETA personnel. Councilman Swearingen inquired about the status of the Neighborhood Watch Program. Chief Martin replied the decals are at the printer, the artwork is completed, and all of the publications and brochures are in the City Print Shop. He said the first meeting will be held around October 26th, Mayor Greene asked if the City is taking pictures during the house removal in the 105 Freeway Corridor, Mr„ Spindel responded pictures have been taken before the houses were removed, but they can be taken after the lots have been cleared. Mayor Greene said it is time for the Council to make a decision concerning the Sister City Program, To be placed on the next Council Agenda. At 12:02 a.m., September 13, 1978, Mayor Greene recessed the meeting to Executive Session to discuss the Area E Mutual Aid Program, The meeting resumed at 12:27 a.m. with all Council Members present. There being no further business to come before the City Council, the meeting was adjourned at 12:27 a.m. to 3:30 p.m., September 20, 1978. f 4 Robert L. Shand, City Clerk -Treasurer William L. Greene, Mayor Council Minutes 9/12/78 -10-